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Reply to "ICE Shooting in Minneapolis "
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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]Here is what will happen. The US Attorney will decline to indict. Minnesota will indict. The US Attorney will invoke the federal officer removal statute and will then dismiss the charges. Alternatively, Ross will have it removed. 2029. New president. Ross will be fired. Minnesota will revitalize the murder charges against Ross. Ross will try to remove. But, Mark Meadows already tried this, invoking the statute AFTER your term as a federal officer is over, and was shot down by the 11th Circuit and the US Supreme Court declined to hear the appeal, letting the 11th Circuit decision stand. Ross will then face charges before a jury of his Minnesota peers and will have an opportunity to present self-defense as an affirmative defense. He will have the burden of proving that defense and convincing a jury of his peers that his actions were proper. Then he will either walk free or join Derek Chauvin. [/quote] The removal to federal court will stand as an[b] available option indefinitely[/b] because the activity in question occurred when the actor was a federal officer engaged in federal law enforcement activity. Local authorities cannot obstruct or second guess such federal activity at the time or any time thereafter. It doesn't matter if a new federal administration eventually appears, or whether the officer eventually retires or changes jobs. What matters is what his status was at the time of the incident. [/quote] Nope. The 11th circuit said this ends when your tenure as an officer ends. Meadows (remember him? Trump's chief of staff?) appealed this to the US Suupreme Court and they declined to hear the appeal. Sorry.[/quote] And just to be clear, here is the language from the 11th Circuit opinion. "We divide our discussion in two parts. First, we explain that section 1442(a)(1) does not apply to former officers—so Meadows, as a former chief of staff, is not a federal “officer” within the meaning of the removal statute." Ross, after he is terminated, will not be a federal officer. Thus, the statute will not apply.[/quote]
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